handed in notice employer wants me to attend disciplinary when i return from holiday

[poppy2015]

can some one help I handed in my notice as I have a new boss who has been making my life miserable I am on holiday and have received a letter to say they want to hold disciplinary when my holiday finishes as they believe I have changed some customer paperwork. I have been signed off for stress and my doctors letter takes me up to end of notice period do I have to go to disciplinary

[leclerc]

Re: handed in notice employer wants me to attend disciplinary when i return from holi

No you don't as you are signed off with stress so therefore you are unable to attend due to the advice of the Doctor.
[MENTION=26290]mariefab[/MENTION] and [MENTION=19071]teaboy2[/MENTION] : can you guys offer any further advice?

[Scousebird333]

Re: handed in notice employer wants me to attend disciplinary when i return from holi

I would suggest that as you have served notice and if you have complied with their t&c regarding notice period then as you are off sick and this takes you up to your end date, no they cant force you.
a disciplinary is usually when they want to follow their own policy to comply with - for example extending probationary period or looking to dismiss someone if continuing to make mistakes.
if as they say its to ask about paperwork then that could be an informal meeting as they know you are leaving. By using term disciplinary they MAY want to try to get you to go early and this could reflect badly on you.??
I do think they are pushing their luck if you are off due to work stress as you could counterclaim for constructive dismissal. (This of course is all depending on length of employment and your previous behaviour whilst in their employ).
If you have a union use them.
If not then perhaps a letter saying you so not feel well enough to attend the office due to your reasons for absence and find their request intimidating and counter productive due to your health and having served notice. However if they have any questions they wish answers to they can put them in writing and if you can help you will but you strongly refute their implied accusation of changing paperwork. You could also suggest an off site informal meeting after you have left if you feel upto it but again stress this is only if you feel upto it....

I am sure others will be along and ask you for more info. Ie length of service. Any previous disciplinary. Do you know what paperwork they are referring too... etc.
so just my ten penny worth !
good luck.

[jay69477]

Re: handed in notice employer wants me to attend disciplinary when i return from holi

Hi, I just joined so I wouldnt put much stead in what I say but someone will bump your thread onto the right forum and a properly informed person will respond to you.

I would guess they will want a bit more info to help them such as

How long did you work there for?
Did you hand your notice in before the disciplinary invite?
Did your employer have a grievance procedure, if so did you consider putting in a grievance about the new manager making your life miserable?
How was he making your life miserable?

It all comes down to what you want to happen, if you just want to break ties and have no intention of pursuing them in a tribunal if there is anything to puruse then my guess would be no you do not have to go

If you do think there might be a cause to take your employer to tribunal then I believe the tribunal would have expected you to attend and participate with the disciplinary and also have submitted a grievance if you felt you were treated unfairly.

The one thing I would consider is how it would affect any future reference they may give if you apply for other jobs.

Like I say im not an expert so wait till someone with more brains than I do picks up on your point, but I hope I have helped.

[poppy2015]

Re: handed in notice employer wants me to attend disciplinary when i return from holi

thanks I worked there 3 years and handed in notice before the disciplinary letter was sent. I handed in my notice as I was being bullied by my new boss and felt they were trying to blame me for things. they made me feel inadequate in my job even though for the previous 3 years had over achieved.
I want to just leave and get on with my life without them making it difficult for me to get another job

[jay69477]

Re: handed in notice employer wants me to attend disciplinary when i return from holi

The only way that they can make it difficult to get another job is by giving you a negative or untrue reference which has implications for them if you ever find out they have done so, they can chose to say nothing or not respond to a reference request but this may be viewed as a negative reference by a future employer.

If you attended the meeting and fought the allegation to its conclusion either exhoneration or discplinary action being taken you still would have the potential pitfall of the reference.

If you do not attend they may hold the meeting in your abscence and decide anyway if your were liable to action such as warning dismissal in order to cover themselves

Again im no expert but I think if you dont get a job as a result of a untrue or unfounded negative reference then you can take action against your employer.

I comes down to what you know you did or didn't do and only you know that.

If it was me and I believed I was innocent I would participate in the process as I would want my name cleared irrespective if I was leaving or not.

I believe someone said it above but if you have been signed off with depression, you would need your GP to declare you fit to work also before they would take any action against you I would have thought.

You can always also explain to any future employer that your relationship with your previous employer ended badly, honesty is often the best policy, if you are upfront about what happened and explain it reasonably then a future employer may view this in a postive fashion, i.e you are an upfront and honest person

Hope this helps, but again remember I have no qualifications and i might be wrong so wait for an official response from the site team

[leclerc]

Re: handed in notice employer wants me to attend disciplinary when i return from holi

can some one help I handed in my notice as I have a new boss who has been making my life miserable I am on holiday and have received a letter to say they want to hold disciplinary when my holiday finishes as they believe I have changed some customer paperwork. I have been signed off for stress and my doctors letter takes me up to end of notice period do I have to go to disciplinary

This is the key part of post 1. Signed off for stress so therefore you are not fit enough to go in for a disciplinary.
Come on, this is the key part to this. They cannot do anything unless you are fit to work.

[poppy2015]

Re: handed in notice employer wants me to attend disciplinary when i return from holi

thanks just didn't know if I would be expected to go in after my end date or if they would make their own mind up and do what they want

[ostell]

Re: handed in notice employer wants me to attend disciplinary when i return from holi

If you are no longer employed by them why would they expect you to go in? You will, of course, for a fee of £400.

[poppy2015]

Re: handed in notice employer wants me to attend disciplinary when i return from holi

I will be still under notice on the date of the meeting but I have been signed off

[mariefab]

Re: handed in notice employer wants me to attend disciplinary when i return from holi

Did you give the bullying and blaming by the new boss as reasons for your resignation?
If so, do you think that the disciplinary charges have been trumped up as retaliation?